H-4345              _______________________________________________

                                                   HOUSE BILL NO. 2032

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representative Patrick

Read first time 2/9/88 and referred to Committee on Judiciary.

AN ACT Relating to children born or killed during the course of an abortion; amending RCW 70.58.070, 70.58.150, 70.58.160, and 68.04.020; adding a new section to chapter 68.08 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     This act is necessary for the immediate preservation of the public peace, health, morals, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.

        Sec. 2.  Section 11, chapter 83, Laws of 1907 and RCW 70.58.070 are each amended to read as follows:

          All births, including the birth of any child born alive in the course of an abortion procedure, that occur in the state shall be immediately registered in the districts in which they occur, as hereinafter provided.

        Sec. 3.  Section 5, chapter 159, Laws of 1945 as amended by section 11, chapter 5, Laws of 1961 ex. sess. and RCW 70.58.150 are each amended to read as follows:

          A fetal death means any ((product of conception that)) person from the time of fertilization who shows no evidence of life after complete expulsion or extraction from ((its)) his or her mother.  The words "evidence of life" include breathing, beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles.

        Sec. 4.  Section 1, chapter 159, Laws of 1945 as amended by section 12, chapter 5, Laws of 1961 ex. sess. and RCW 70.58.160 are each amended to read as follows:

          A certificate of every known death or fetal death, including any fetal death resulting from the application of any abortion procedure or technique, shall be filed with the local registrar of the district in which the death or fetal death occurred within three days after the occurrence is known, or if the place of death or fetal death is not known, then with the local registrar of the district in which the body is found within twenty-four hours thereafter.  In every instance a certificate shall be filed prior to the interment or other disposition of the body((:  PROVIDED, That a certificate of fetal death shall not be required if the period of gestation is less than twenty weeks)).

        Sec. 5.  Section 2, chapter 247, Laws of 1943 as amended by section 1, chapter 47, Laws of 1977 and RCW 68.04.020 are each amended to read as follows:

          "Human remains" or "remains" means the body of a deceased person, including an unborn child from the time of fertilization, and includes the body in any stage of decomposition except cremated remains.

NEW SECTION. Sec. 6.  A new section is added to chapter 68.08 RCW to read as follows:

          The body, or any part of the body, of any person from the time of fertilization whose death is the result of the application of any abortion procedure or technique, shall not be sold, donated or otherwise transferred for any use, but shall be disposed of as human remains by burial or cremation in accordance with the requirements of this chapter and chapter 70.58 RCW.